Wing v. Goldman Sachs Tr. Co.

Summary

The court held that the trial court had subject matter jurisdiction to order distributions from a revocable trust to fund beneficiaries’ litigation expenses and that the trustee possessed discretionary power to make those distributions. It held that the interlocutory payment order affected a substantial right, but that the Court of Appeals improperly reviewed and remanded on the unappealed motion to freeze. The court further held that the statutory duty to defend claims against a trust is limited to actions that may result in loss to the trust estate, while declining to decide whether that duty applied on these facts.